Allahabad HC Releases Man Jailed For 11 Months Following NBW In State's Appeal Against Acquittal Sans Producing Him In HC, Calls His Custody Illegal

The Allahabad High Court recently released a man on bail noting that he was arrested (and not produced before the HC) pursuant to the issuance of Non-Bailable Warrants by the HC while the State's appeal against his acquittal in a criminal case was pending before the HC.

Calling the accused-respondent's custody 'illegal' and his arrest 'groundless', the bench of Justice Arvind Singh Sangwan and Justice Ram Manohar Narayan Mishra directed for his release on furnishing a personal bond in the sum of Rs. 50,000/-.

The Court also termed it as 'surprising' that 'a very strange procedure' was followed in the case wherein the accused-respondent was arrested after a non-bailable warrant was issued against him and he was put in jail without providing any information to the HC about his fate.

Here it may be noted that normally, in an appeal against acquittal filed by the State, if Non-Bailable Warrants are issued against someone who has already been acquitted in a case, he has to be produced before the HC so that he could engage a lawyer or provide a free legal aid counsel

However, in the instant case, without any notice being served to the accused-respondent, he was arrested in November last year following the issuance of a Non-Bailable Warrant by the HC

"It is felt surprising that a very strange procedure is followed, normally in an appeal against acquittal filed by the State, if Non Bailable Warrants are issued against the person who had already acquired an order of acquittal, in pursuance to the said warrants, the accused who stands acquitted is produced before the High Court itself, so as to enable him to engage a lawyer or provide a free legal aid counsel, as the case may be," the Court remarked.

With these observations, releasing him on bail, the Court also posted the state's appeal for a final hearing in its due course.

Case title - State of U.P. vs. Zameel Alias Fauda And 5 Ors. [GOVERNMENT APPEAL No. - 792 of 2018]

Case Citation: 2023 LiveLaw (AB) 467

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